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§ 40-13-6 NMSAMisdemeanor Public Order

Violating Domestic Violence Order

Legal Definition

A person commits this offense by knowingly violating a condition of a domestic violence protection order issued under the Family Violence Protection Act. The violation may include contacting, harassing, threatening, or coming within a specified distance of the protected party, or any other conduct prohibited by the terms of the order. The order must have been properly served or the respondent must have had actual notice of its terms.

Possible Punishment

Up to 364 days in county jail and a fine up to $1,000. A second or subsequent violation within one year may be charged as contempt of court and carries enhanced penalties. Courts may also impose additional conditions such as mandatory counseling or electronic monitoring.

Local Context

This offense applies to violations of civil protection orders issued under the Family Violence Protection Act (§ 40-13-1 et seq.). A separate criminal offense, violation of a no-contact order issued in a criminal case, is governed by § 31-1-3.1 NMSA. Prosecutors may also charge underlying criminal conduct (e.g., battery, criminal trespass) that occurs during the violation.

Public-Order Cases in Doña Ana County

Disorderly conduct, resisting or obstructing an officer, and giving false identification are classic add-on charges: they frequently ride along with something else in a booking rather than standing alone. Most are petty misdemeanors, the lowest tier of New Mexico offenses, with maximum exposure measured in months rather than years.

Because these charges often arise from chaotic street encounters, how a person behaves during the arrest matters enormously. Resisting is a separate crime even when the underlying stop goes nowhere, which is why knowing your rights, and asserting them calmly, is the practical advice every attorney gives.

Related Guides

Recent Arrests for This Charge (21)

PEDRO PENA mugshot - Las Cruces arrest, Doña Ana County

Chaparral Man, 36, Booked for Violating a Domestic Violence Order

PEDRO PENA | 1 charge

4d ago
PAUL PRATAPAS mugshot - Las Cruces arrest, Doña Ana County
FEL

Naperville, Il Man, 44, Booked on Felony Probation Violation in Las Cruces

PAUL PRATAPAS | 2 charges

5d ago
ABEL ROSALES mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 33, Booked for Violating Domestic Violence Order

ABEL ROSALES | 1 charge

7d ago
JUDY LUCERO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 62, Booked on Suspicion of Violating Domestic Violence Order

JUDY LUCERO | 3 charges

11d ago
JAVIER GONZALEZ mugshot - Las Cruces arrest, Doña Ana County

Sunland Park Man, 41, Booked on Domestic Violence Order Violation and Resisting

JAVIER GONZALEZ | 2 charges

12d ago
IVAN SANTILLAN mugshot - Las Cruces arrest, Doña Ana County
FEL

Mesquite Man, 44, Faces Felony Burglary and Domestic Battery Charges

IVAN SANTILLAN | 6 charges

31d ago
MARK ZUBIATE mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 22, Booked on Domestic Violence and Property Damage Charges

MARK ZUBIATE | 3 charges

31d ago
DANIEL DIAZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Anthony Man, 18, Booked on Aggravated Stalking and Protection Order Violation

DANIEL DIAZ | 2 charges

41d ago
ERIK HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 34, Booked on Domestic Violence Order Violation and Failure to Appear

ERIK HERNANDEZ | 2 charges

41d ago
CRYSTAL SCHRODER mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 47, Charged with Violating Domestic Violence Order

CRYSTAL SCHRODER | 1 charge

68d ago
CLINTON SIMPSON mugshot - Las Cruces arrest, Doña Ana County
FEL

Man, 43, Charged with Violating Domestic Violence Order in Doña Ana County

CLINTON SIMPSON | 2 charges

70d ago
GERMAN COSSIO mugshot - Las Cruces arrest, Doña Ana County

Santa Teresa Man, 39, Charged with Violating Domestic Violence Order

GERMAN COSSIO | 1 charge

77d ago
BRYAN MARTINEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 38, Charged with Agg. Battery Against Household Member Great Bodily Harm

BRYAN MARTINEZ | 10 charges

82d ago
ROMAN FRAIRE-GARCIA mugshot - Las Cruces arrest, Doña Ana County

Anthony Man, 39, Charged with Failure to Appear

ROMAN FRAIRE-GARCIA | 4 charges

84d ago
ANDREW QUEZADA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 25, Charged with Violating Domestic Violence Order

ANDREW QUEZADA | 2 charges

84d ago
MIGUEL PALLARES mugshot - Las Cruces arrest, Doña Ana County
FEL

Miguel Pallares, 32, of Anthony Charged with Aggravated Stalking, Arson, Meth Possession

MIGUEL PALLARES | 5 charges

112d ago
BLANCA BENCOMO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 40, Booked on Protective Order Violation, Failure to Appear

BLANCA BENCOMO | 2 charges

147d ago
JAMES CROSTON mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 34, Booked on Domestic Violence Order Violation and Release Failures

JAMES CROSTON | 3 charges

159d ago
JOSHUA HEATH mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 37, Faces Felony Assault on Officer Counts After Holsome Road Call

JOSHUA HEATH | 5 charges

162d ago
KARLO HAMILTON mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 36, Booked on Three Counts of Battery on a Peace Officer

KARLO HAMILTON | 9 charges

247d ago
MIGUEL AGUILAR mugshot - Las Cruces arrest, Doña Ana County
FEL

Miguel Aguilar, 38, of Las Cruces Booked on Dv Order and Release-Condition Violations

MIGUEL AGUILAR | 6 charges

417d ago

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.